JASON CARLOS GUY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
JASON CARLOS GUY, PETITIONER,
STATE OF FLORIDA, RESPONDENT
805 So. 2d 84
Florida District Court of Appeal, First District (2002)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The petition for writ of habeas corpus is granted and we approve the belated appeal from the order entered November 7, 2000, in the Circuit Court for Duval County which denied postconviction relief in case number 97-3499-CF-A. Upon issuance of mandate in this cause, a copy of the opinion will be transmitted to the clerk of the circuit court to be treated as a notice of appeal. Fla. R.App. P. 9.141(c)(5)(D).
PETITION GRANTED.
KAHN, DAVIS and VAN NORTWICK, JJ., concur.
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Johnson v. State, 994 So. 2d 960 (Fla. 2008)…endant has been tried without a jury and there has been no proper waiver of the right to a jury trial. At least two Florida courts have explicitly characterized such a denial of the right to trial by jury as structural error. See Gyulveszi v. State, 805 So. 2d 84, 85 (Fla. 2d DCA 2002) (concluding that the absence of a jury-trial waiver by the defendant in writing or on the record was structural error requiring reversal); Abrams v. State, 777 So. 2d 1205, 1206 (Fla. 4th DCA 2001) (describing the denial of a…
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Fonseca-Perez v. State, 894 So. 2d 313 (Fla. 2d DCA 2005)…be satisfied by an oral waiver on the record. Tucker v. State, 559 So. 2d 218 (Fla.1990). The State concedes that because neither a written nor an oral waiver appears in this record, Fonseca-Perez is entitled to a new trial. See Gyulveszi v. State, 805 So. 2d 84, 86 (Fla. 2d DCA 2002). Reversed and remanded. ALTENBERND, C.J., and FULMER and WHATLEY, JJ., concur.…